Adult Child Maintenance Explained: Education, Disability & Support

Turning 18 is a monumental milestone, often seen as the legal threshold of independence. However, for many families across Australia, this birthday doesn’t automatically end financial dependency. Whether a child is pursuing higher education, undertaking an apprenticeship, or managing a disability, the need for parental support often extends well into their adult years.

This is where a crucial but often misunderstood area of family law comes into play: Adult Child Maintenance.

While standard child support arrangements typically conclude when a child turns 18, Australian law recognises that the journey to self-sufficiency isn’t always straightforward. If you are a parent in Mackay or regional Queensland wondering about your ongoing obligations, or a young adult who still requires financial help, this guide will provide the clarity you need.

At Family Lawyers Mackay, we’ve guided countless families through this complex process. We understand that navigating these matters requires both legal expertise and a deep sense of empathy. This guide leverages the extensive experience of our legal team to answer your most pressing questions about adult child support in Australia.

What’s the Difference Between Child Support and Adult Child Maintenance?

Understanding the distinction between these two types of support is the first critical step for any parent or child navigating their post-18 financial landscape.

When Does Child Support End in Australia?

Standard child support is the most common form of financial support for children after separation. It is governed by the Child Support (Assessment) Act 1989 and is typically managed and calculated by Services Australia (Child Support). Payments are determined using a set formula that considers the parents’ incomes and the amount of time the child spends in each parent’s care.

Generally, these payments automatically cease when a child turns 18. The only exception is if the child is still completing their final year of secondary school (Year 12). In this case, the receiving parent can apply to Services Australia—before the child’s 18th birthday—to extend support until the end of that specific school year.

The Shift to Adult Child Maintenance

Adult Child Maintenance kicks in after a child turns 18 and standard child support has ended. It is not an automatic entitlement. This form of support is governed by Section 66L of the Family Law Act 1975 and must be applied for through a private agreement or a court order.

The key difference is discretion. While child support is formula-based, adult child maintenance in Australia is granted by a court only if it is deemed “necessary” for specific, legally defined reasons.

When Can You Apply for Adult Child Maintenance?

The law is very clear about the circumstances under which a court can order adult child maintenance. An application can only be successful if the financial support is proven to be necessary for one of two primary reasons:

1. To Enable the Child to Complete Their Education: This is the most common reason for an application. The term “education” is defined broadly and is not limited to high school. It can include:
   • University degrees
   • TAFE or vocational courses
   • Apprenticeships The court will assess whether the course is a viable pathway to future employment and self-sufficiency for the adult child.
2. Because of a Mental or Physical Disability: If an adult child has a disability that limits their ability to earn a sufficient income or live independently, maintenance may be ordered. This can cover both temporary conditions (like recovery from a serious accident) and lifelong disabilities that require ongoing care and financial support.

An application for adult child maintenance can be made by a parent, the adult child themselves, a grandparent, or any other person concerned with the child’s care and welfare.

A Specialist’s Perspective: How Is Maintenance Calculated?

A common question we hear is, “Is there an adult child maintenance calculator?” Unlike standard child support, the answer is no. There is no simple calculator or rigid formula. The decision is at the complete discretion of the Federal Circuit and Family Court of Australia, which carefully assesses what is fair and necessary in each unique case.

Ian Field, an Accredited Specialist in Family Law at Family Lawyers Mackay, provides his expert perspective:

“The court’s primary focus is on the word ‘necessary’. It isn’t about funding a desirable or lavish lifestyle, but about providing the essential support needed for an adult child to either complete their education or manage a disability. It’s a balancing act between the child’s legitimate needs and the parents’ capacity to provide that support.”

Based on his extensive experience, Ian highlights the key factors the court will scrutinise:

• The Child’s Financial Needs: The court requires a detailed breakdown of the child’s necessary expenses. This includes accommodation, food, utilities, transport, medical bills, and specific educational costs.
• The Child’s Own Capacity to Contribute: The court will consider the adult child’s income, earning capacity, and financial resources. There is often an expectation that a student will contribute to their own support through part-time work, provided it doesn’t jeopardise their studies. However, any income-tested government benefits like Youth Allowance are generally disregarded by the court when assessing the parents’ liability.
• The Financial Position of Both Parents: The court conducts a thorough examination of each parent’s income, assets, liabilities, and their own necessary living expenses, including any legal duties to support other dependents.
• The Nature of the Parent-Child Relationship: While a “warm, familial” relationship is not a prerequisite for an order, a complete and unreasonable lack of a relationship, particularly if initiated by the child, might influence the court’s decision on the amount of support awarded.

What Expenses Can Adult Child Maintenance Cover?

When preparing an application, it’s crucial to detail the specific and “necessary” expenses for which support is required. These often include:

• A reasonable contribution to household expenses (rent/board, groceries, utilities).
• Public transport costs for travel to university, TAFE, or medical appointments.
• Educational materials like textbooks, a laptop, and compulsory course fees. (Note: HECS-HELP and other deferrable government loans are not typically covered as they are not an immediate, necessary expense).
• Medical and dental fees, prescriptions, and health insurance premiums.
• For a child with a disability, specific costs for therapy, support services, and specialised equipment.

The Application Process: Securing an Order

There are two pathways to establishing adult child maintenance:

1. Private Agreement (Consent Orders): This is the most amicable, timely, and cost-effective route. If both parents (and sometimes the adult child) can agree on the terms of support, this agreement can be formalised by a lawyer and filed with the court as Consent Orders. This makes the agreement legally binding and enforceable, providing certainty for everyone involved.
2. Court Application: If an agreement cannot be reached, one party must file an Initiating Application with the court. This begins a formal legal process where both parties must provide full financial disclosure. The court may order mediation to help resolve the dispute before proceeding to a hearing where a judge will make a final, binding decision. Navigating a court application can be complex and stressful, making expert legal advice essential.

Why Expert Legal Guidance is Crucial – Family Lawyers Mackay

Whether you are seeking to establish, negotiate, or respond to a claim for adult child support in Australia, the process is layered with legal complexity and emotional challenges. Having an expert on your side is not just an advantage; it’s a necessity.

At Family Lawyers Mackay, we work exclusively in family law. Our team is headed by Ian Field, an Accredited Specialist in Family Law with a wealth of experience in Australia and the UK. Ian’s unique background, including a degree in Sociology and years managing charities, gives him a practical and sympathetic approach to sensitive family matters. He understands people as well as he understands the law.

As a boutique, locally-run firm, we proudly service the Greater Mackay region, including Proserpine, Andergrove, Beaconsfield, Blacks Beach, Bucasia, Eimeo, Glenella, Mount Pleasant, Rural View, Shoal Point, and Slade Point. Our clients come from all walks oflife, and our focus is always on providing down-to-earth, straightforward advice you can understand. We offer the personalised, friendly service that only a dedicated specialist law firm in Mackay can provide.

Frequently Asked Questions (FAQ)

Do I have to pay adult child maintenance if my child is working part-time?

Possibly. The court will look at the whole picture. If the child’s part-time income is insufficient to cover their necessary expenses while studying full-time or managing a disability, maintenance may still be ordered. The focus is on whether the child can realistically and adequately support themselves.

Is an apprenticeship covered under ‘education’?

Yes. Courts generally recognise apprenticeships as a form of education or vocational training. Given that apprentice wages are often low, especially in the initial years, a parent may be required to provide financial support to bridge the gap between their earnings and essential living costs.

What happens if the paying parent refuses to comply with a court order?

A court order for adult child maintenance is legally enforceable. If the paying parent fails to comply, the receiving party can take enforcement action. This can include registering the order for collection, wage garnishment, or other court-sanctioned measures to recover the owed amount.

Can maintenance be ordered if the parent and child have a poor relationship?

Yes. The primary consideration is the child’s need for maintenance due to their education or disability, not the quality of the filial relationship. While the court may consider the circumstances of an estrangement, it does not remove the underlying legal obligation to provide necessary support.

Does the adult child have to apply for Centrelink benefits?

While an adult child should take reasonable steps to support themselves, the court is required by law to disregard any entitlement to an income-tested government pension, allowance, or benefit (like Youth Allowance or Austudy) when determining the child’s financial resources and the parents’ liability to pay.

Your Local Solution in Mackay

Navigating the transition from child support to adult child maintenance can be emotionally and financially challenging. You need clear, correct advice tailored to your specific situation.

At Family Lawyers Mackay, we provide the expert guidance and unwavering support you need during these difficult times. Contact our Accredited Specialist, Ian Field, today for a confidential, no-obligation discussion about your circumstances.

Call us on (07) 4847 0198 or visit our website to get started.

Family Lawyers Mackay. Your local solution.